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Old 09-30-2007, 09:11 PM
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Re: Whether Certificate of posting or Courier acknowledgement will constitute sufficient proof.

Quote:
Originally Posted by colnrkurup View Post
Even in the case of Speed Posts or Registered Post or Courier with POD, all it prove is that a closed cover addressed to a particular addressee is delivered.
Seems many of us looking for a non existent black cat in a dark room May I add a few (long lines) here?

Read on, (and more later)

Manoj

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General Clauses Act 1897

27. Meaning of service by post.- Where any (Central Act) or Regulation made after the commencement of this Act authorizes of requires any document to be served by post, where the expression "serve" or either of the expressions "give" or "send" or any other expression in used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing pre-paying and posting by registered post, a letter containing the document, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

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Civil Procedure Code 1908 , Order V
Delivery of summons by Court

1) Where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction who is
empowered to accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent either to the proper officer to be served by him or one of his subordinates or to such courier services as are approved by the Court.

2)***

3) The services of summons may be made by delivering or transmitting a copy thereof by registered post acknowledgement due, addressed to the defendant or his agent empowered to accept the service or by speed post or by such courier services as are approved by the High Court or by the Court referred to in sub-rule (1) or by any other means of transmission of documents (including fax message or electronic mail service) provided by the rules made by the High Court:

4) Notwithstanding anything contained in sub-rule (1), where a defendant resides outside the jurisdiction of the Court in which the suit is instituted, and the Court directs that the service of summons on that defendant may be made by such mode of service of summons as is referred to in sub-rule (3) (except by registered post acknowledgment due), the provisions of
rule 21 shall not apply.

5) When an acknowledgment or any other receipt purporting to be signed by the defendant or his agent is received by the Court or postal article containing the summons is received back by the Court with an
endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the defendant or his agent had refused to take delivery of the postal articles containing the summons or had refused to accept the summons by any other means specified in sub-rule
(3) when tendered or transmitted to him, the Court issuing the summons shall declare that the summons had been duly served on the defendant Provided that where the summons was properly addressed, pre-paid and duly sent by registered post
acknowledgment due, the declaration referred to in this sub-rule shall be made notwithstanding the fact that the acknowledgment having been lost or mislaid, or for any other reason, has not been received by the
Court within thirty days from the date of issue of summons.
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